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04-15-11

SLDN Responds to McKeon/Hunter Effort to Delay “Don’t Ask, Don’t Tell” Repeal

FOR IMMEDIATE RELEASE: April 15, 2011

Zeke Stokes: (202) 621-5406 or zeke@sldn.org
Paul DeMiglio: (202) 621-5408 or paul@sldn.org

SLDN Responds to McKeon/Hunter Effort to Delay “Don’t Ask, Don’t Tell” Repeal
Sarvis: “McKeon and other opponents of repeal are doing everything in their power to delay, defund, and derail the repeal of ‘Don’t Ask, Don’t Tell’”

WASHINGTON, D.C. – Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis today released the following statement regarding recent assertions by House Armed Services Committee (HASC) Chairman, Rep. Howard P. “Buck” McKeon (R-CA), that the process for repealing the discriminatory “Don’t Ask, Don’t Tell” law should be broader:

“In supporting this turn-the-clock-back move, Congressman McKeon fundamentally disrespects the service chiefs. The chiefs have repeatedly proven themselves to be strong and effective leaders. Indeed, because of their leadership, our military remains the strongest in the world. To assert that the chiefs can’t or won’t stand up for themselves if they have concerns - and to continue to go against their best professional advice to Congress - is a transparent political game,” said Sarvis.

“Mr. McKeon and other opponents of repeal continue to do everything in their power to delay, defund, and derail the repeal of ‘Don’t Ask, Don’t Tell,’ a law that has been rejected by the Congress, the President, and the vast majority of the American people. This latest attempt, as outlined in Congressman Hunter’s bill, is nothing more than an extension of that effort, and its provisions were roundly rejected as late as last week in testimony before the House Armed Services Committee,” said Sarvis.

SLDN highlighted the following statements previously made by U.S. Armed Forces leaders related to the issue of broadening the scope for certification.

4/1/11: Vice Admiral William Gortney, Director, Joint Staff to HASC Personnel Subcommittee: “The service chiefs and the Chairman meet twice a week…about once a month, one of the subjects is a review of how the training is going to date. And so, he [the Chairman] will not provide his advice to the Secretary until he has heard from the service chiefs.” Dr. Clifford Stanley, Undersecretary of Defense, Personnel and Readiness, adds: “Secretary Gates has met at least twice now with the service chiefs, service secretaries, and is in consultation also with the combatant commanders, to get their input.”

1/28/11: General James Cartwright, Vice Chairman, Joint Chiefs of Staff at Pentagon briefing: “And so the service chiefs, the one key activity that is probably common to all of the meetings has been the feeling that moving along expeditiously is better than dragging it out. We've learned that from other services, other nations that have moved down this path. And I think all of the service chiefs believe that is the case.”

1/28/11: General Cartwright at Pentagon briefing: “I think if something unforeseen arises, it's important to understand that each of the service chiefs --- we'll do an assessment every two weeks. Each of the service chiefs will have access to us and to the secretary…That will all be considered in the so-called calculus of when we go to the secretary and the chairman to certify. And if there's an outstanding issue that we just didn't anticipate, we certainly would reserve the right for that service chief, one, to have a voice in it, and, two, to potentially be determinative of delaying activity.”

1/28/11: Dr. Stanley at Pentagon briefing: “There's -- I just want to add, there -- my sense is-- really good working relationship with the services as we do this. They -- not only the service chiefs, but the senior enlisted. It's just -- you get good vibes about where we are in terms of cooperation, information coming forward and everything.”

12/3/10: Senate Armed Services Committee (SASC) hearing, General James Amos, Commandant of the Marine Corps: “We’ve had great opportunity to provide our input to the Secretary and I highly regard his opinion.”

12/3/10: SASC hearing, General George Casey, Chief of Staff, U.S Army: (To Sen. John Thune’s (R-SD) question: “Do you believe that the implementing legislation…should allow for the chiefs, the service members, any of you, to certify? I asked the Secretary yesterday about whether or not that ought to be a requirement. He said that it should not…”). “I am very comfortable with my ability to provide input to Secretary Gates and to the Chairman that will be listened to and considered. So you could put it in there, but I don’t think it’s necessary.”

12/3/10: SASC hearing, Admiral Gary Roughead, Chief of Naval Operations to Sen. Thune: “Sir, I’m very comfortable with the access and the input that we’ve had. In fact, as the report came along I could see the changes that we were recommending. So I have no concerns whatsoever about my advice not being heard.”

12/3/10: SASC hearing, General Cartwright, responding to Sen. Scott Brown’s (R-MA) concerns that chiefs might not speak up: “None of us will be shrinking violets in this activity. We all feel like we have the access that we need and the opportunity that we’ll need in order to give advice. I put that up front.”

12/3/10: SASC hearing, General Casey: “I’m very comfortable that we have access. I’ve said that several times today. We will have access, and take great interest, because as you say it is about the safety and security of our force.”

12/2/10: Admiral Mike Mullen, Chairman, Joint Chiefs of Staff, to SASC: “I think certainly I agree with the Secretary of Defense that the consideration of the service chiefs in all this is absolutely critical, and done so in independent fashion. I was asked this question earlier. I’ve spent a lot of time with the service chiefs on this and have incorporated their inputs into my advice to both the Secretary and the President.”

12/2/10: SASC:

Sen. Thune: “Is there any reason why the service chiefs should not be also required to certify that repeal is consistent with military readiness and effectiveness?”

Secretary of Defense Robert Gates: “Well, I think that this question came up this summer and, frankly, I think that you get to the point where you have eight or nine people. I mean, if the service chiefs, then how about the combatant commanders? If the chiefs, why not the vice chairman? So you all of a sudden end up with ten or a dozen people. I said in answer to an earlier question, my view of when I think I could certify will depend heavily on the advice of the chiefs of whether we have in fact mitigated the concerns that they have addressed.”

Sen. Thune: “Would you be in favor of adding the chiefs to the list in terms of certifying officials when it comes to the proposed legislative language?”

Sec. Gates: “No, I would not.”

12/2/10: SASC:

Senator Carl Levin (D-MI) : “So do I understand from your answer then that you have carefully considered the views of the service chiefs before you’ve reached your own professional opinion?”

Adm. Mullen: “Very carefully, yes, sir.”

Sen. Levin: “Secretary Gates, you’ve also urged us to consider the views carefully of the service chiefs, and I fully agree with you. Have you done that in reaching your own conclusion?”

Sec. Gates: “Yes, sir, I have.”

Sen. Levin: “General Ham, have you carefully considered the views of all the service chiefs before reaching the conclusion in this report?”

General Carter Ham, U.S. Africa Command: “Mr. Chairman, I have, but it is important to note that the report from Mr. Johnson and myself to the Secretary is not reflective of the chiefs’ views.”

Sen. Levin: “I understand. But before you reached your views that you’ve transmitted—we understand there will be differences that the chiefs will have and we’ll hear from them tomorrow. But I want to know that, in considering your views—you’ve touched base with various stakeholders and people who have their own points of view inside the military. Have you touched base with the service chiefs and have you considered their views?”

Gen. Ham: “Yes, Mr. Chairman.”

Sen. Levin: “Mr. Johnson?”

Jeh Johnson, General Counsel, Department of Defense : “Yes, absolutely, Senator. During the comment period leading up to the publication of the report, General Ham and I took account of what we heard and in places revised our own assessment in response to views that were expressed to us by the chiefs.”

Sen. Levin: “So there has been in a number of places revision of this assessment based on the views of those chiefs?”

Mr. Johnson: “Yes, sir.”

STILL AT RISK: Despite the President signing the bill authorizing repeal of DADT, it is still unsafe for service members to come out until 60 days after certification by President Obama, Secretary Gates, and Admiral Mullen. Warning to service members: www.SLDN.org/StillAtRisk

SLDN FREE HOTLINE: Lesbian, gay, bisexual and transgender service members with questions are urged to contact the SLDN hotline to speak with a staff attorney: 202-328-3244 x100.

ABOUT SLDN: Servicemembers Legal Defense Network (SLDN) was established in 1993 when “Don’t Ask” originally passed. In addition to working on repeal, SLDN offers free, confidential legal services to those impacted by the discriminatory law. Last year the organization received its 10,000th call for assistance to its legal hotline.

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